RELATING TO EMPLOYMENT SECURITY
Introduced By: Representative Long
Date Introduced : February 2, 1999
It is enacted by the General Assembly as follows:
SECTION 1. Section 28-44-8 and 28-44-14 of the General Laws in Chapter 28-44 entitled "Employment Security -- Benefits" is hereby amended to read as follows:
28-44-8. Lag day benefits. -- {DEL (a) An individual
whose benefit year begins on or after July 1, 1983, and whose
waiting period ends on a day prior to the last regular work day
of any calendar week, shall, if otherwise eligible, be entitled
to an amount computed by multiplying one-fifth ( 1/5) of his or
her weekly benefit rate by the number of regular work days remaining
in that calendar week, not to exceed four (4) in number, the resulting
amount to be rounded to the next lower multiple of one dollar
($1.00). If that individual performs services on any of those
days and earns remuneration therefor, then no benefits shall be
paid to him or her for any of those days. DEL}
{DEL (b) DEL} For weeks beginning on or after July 1, 1983,
an individual who has been totally unemployed and in receipt of
benefits for two (2) or more successive weeks and returns to work
prior to the end of the week following that period of two (2)
or more successive weeks shall be entitled to one-fifth ( 1/5)
of his or her benefit rate for each lag day of unemployment prior
to the first day of his or her initial employment during that
first week of reemployment, the resulting total benefits rounded
to the next lower multiple of one dollar ($1.00); provided, however,
that benefit payments may be made only for those days of unemployment
on which work is ordinarily performed in the occupation in the
establishment in which the individual is reemployed; and provided,
further, however, that no individual shall in any case be entitled
to more than four-fifths ( 4/5) of his or her benefit rate, rounded
to the next lower multiple of one dollar ($1.00), for that week.
28-44-14. Waiting period. -- (a) Subject to the provisions of subsection (e) the waiting period of any individual shall be either:
(1) Seven (7) consecutive days {ADD commencing with the Sunday of the week in which the claimant filed a claim for benefits ADD} during which that individual is totally unemployed due to lack of work; or
(2) Seven (7) consecutive days {ADD commencing with the Sunday of the week in which the claimant filed a claim for benefits ADD} during which that individual is employed less than full time due to lack of work and during which he or she has earned remuneration for services performed in an amount less than his or her weekly benefit rate; provided, however, that no waiting period credit can be given in either case if a disqualification has been imposed with respect to the whole or any portion of that seven-day period under section28-44-12 or sections 28-44-16 -- 28-44-21.
(b) No waiting period shall be given to any individual unless he or she has filed a valid claim in accordance with regulations adopted as prescribed.
(c) Benefits shall be payable to an eligible individual only for those weeks of his or her unemployment within a benefit year which occur subsequent to one waiting period, which shall be served at any time during the benefit year.
(d) No period of total or partial unemployment shall be counted towards an individual's required waiting period if, with respect to any portion of that period of unemployment, benefits have been paid under the employment security or temporary disability insurance acts of any other state or of any similar acts of any foreign government, or if benefits have been paid under the Temporary Disability Insurance Act of this state or under any similar acts of the United States.
(e) In the event that an individual's unemployment is due to a natural disaster or state of emergency, there shall be no waiting period.
SECTION 2. This act shall take effect upon passage.